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is the mortgage annotated on the title? is there a mortgage agreement? does it allow extrajudical foreclosure?

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you did not answer whether there is a clause regarding extrajudicial foreclosure on the loan agreement.

if that's 5% per month, that is still very high. if a petition is filed in court, it can be reduced.

the other spouse has to let it be known to the mortgagee that she did not consent to to the mortgage.

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after such a long time, the other spouse might be considered as having ratified the mortgage agreement especially if she knows about it. that is why i'm saying he/she has to speak up now against the mortgage agreement.

if there is no clause on extrajudicial foreclosure then it has to be foreclosed in court.

you should verify at the register of deeds if the mortgage was annotated on the title.

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